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DECISION No

DECISION No. 390-TTg ON THE 1st OF AUGUST 1994 ON THE ISSUANCE OF THE STATUTE ON TRADE FAIRS AND EXHIBITIONS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government on the 30th of September 1992;

Pursuant to Decree No. 33-CP on the 19th of April 1994 of the Government on the State management of import and export activities, and Decree No. 95-CP on the 4th of December 1993 of the Government on the functions, tasks, powers and organization of the apparatus of the Ministry of Trade;

At the proposal of the Minister of Trade,

DECIDES:

Article 1.- To issue along with this Decision the Statute on Trade Fairs and Exhibitions.

Article 2.- The Ministers, the Heads of ministerial level offices, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees in the provinces and cities directly under the Central Government have the responsibility to implement the Statute issued along with Decision.

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI

STATUTE ON TRADE FAIRS AND EXHIBITIONS

(Issued along with Decision No. 390-TTg on the 1st of August 1994 of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1.- This Statute applies to:

1. All trade fairs and exhibitions held on the Vietnamese territory, including those with the participation of or held by foreign companies and individuals.

2- All trade fairs and exhibitions organized abroad by Vietnamese businesses or with their participation. In this case, besides observing this Statute, the businesses mentioned in this section shall have to observe the regulations of the law of the country where the fair or exhibition is held.

Article 2.- In this Statute, the following terms are understood as follows:

1. "Trade fair" is a form of trade promotion conducted in the form of a market which concentrates its operations within a given period and at a given place, where producers and businessmen display their goods aimed at marketing, signing trade contracts and selling their goods (including souvenirs) on the spot.

2. "Trade exhibition" is a form of trade promotion undertaken by one or several producers and businessmen through the display of goods and documents about these goods... aimed at introducing or advertising their goods in order to broaden and promote the consumption of their goods through the signing of trade contracts.

Article 3.- The Ministry of Trade is the agency exercising State management over the activities of the trade fairs and exhibitions stated at Article 1 of this Statute.

All the trade fairs and exhibitions organized on Vietnamese territory or by Vietnam on foreign lands must have the approval of the Ministry of Trade or the approval of the provincial or city Trade Service with accreditation from the Ministry of Trade, depending on the character and scale of each trade fair or exhibition.

Article 4.- All production and business entities which have the legal person status are allowed to organize trade fairs or exhibitions inside and outside the country aimed at introducing their products and promoting the trading in the products which are manufactured by themselves or are their business lines (under licenses issued by the Ministry of Trade or the Trade Services in the provinces and cities). They may also sign contracts with the businesses authorized to engage in trade fairs and exhibition services in order to organize trade fairs and exhibitions.

Article 5.- With regard to the trade fairs and exhibitions of a large scale held either in the country or outside the country and having an inter-ministerial character, they shall be organized by the Vietnam Chamber of Commerce and Industry, the Exhibition and Advertisement Company of the Ministry of Trade or the companies authorized to provide trade fair and exhibition services in accordance with the permits and the guidance of the Ministry of Trade.

Article 6.- The Ministry of Trade allows a number of businesses to engage in trade fair and exhibition services provided they meet the following conditions:

1. The business is set up in conformity with Vietnamese law.

2. It has the necessary material and technical means to organize a trade fair or exhibition.

3. It has an organizational apparatus and professional staff who can meet the demands of the trade fair and exhibition services.

Chapter II

REGULATIONS ON THE ORGANIZATION OF AND PARTICIPATION

IN TRADE FAIRS AND EXHIBITIONS

Article 7.- General regulations:

1. All trade fairs and exhibitions must set out their topics, scales, time and places, their goods inventories and the names and addresses of the participating producers and businessmen.

2. All producers and businessmen of any economic sector who want to take part in a trade fair or exhibition in Vietnam must register and sign a contract with the organizing committee of each fair or exhibition on the introduction of their goods into the fair or exhibition, and sign a contract on the renting of pavilion and floor space for the exhibition of goods or storehouses for their goods.

3. All the goods and documents about the goods brought to the fair or exhibition must conform with the quantity and inventory already registered with the organizing committee. It is forbidden to bring counterfeit and sub-standard goods to join the fair and exhibition (except when this is an exhibition of counterfeits).

4. The transactions, negotiations and signing of trade contracts at the fair or exhibition must conform with the regulations in force of the Vietnamese State.

5. All financial expenditures for the trade fairs and exhibitions shall be paid by the participating businesses; the State budget does not make any allocation for it.

6. The contents of the trade fair or exhibition must conform with the undertakings and policies on import, export and goods circulation in the country for each period of development of the economy.

Article 8.- Organization of trade fairs and exhibitions:

Basing itself on the needs of Vietnam's economic and trade development and on the suggestions of the various services, localities and concerned organizations, the Ministry of Trade shall make an overall draft and the necessary readjustments and draw up a program to organize a number of major and important trade fairs and exhibitions.

Article 9.- Announcements of trade fairs and exhibitions:

The Ministry of Trade has the responsibility to announce its program on the mass media so that the producers and businessmen inside and outside the country may register for participation.

Article 10.- Setting up of the organizing committee for a trade fair or exhibition:

All trade fairs and exhibitions organized on Vietnamese territory must have an organizing committee to be appointed by the administration and the managing ministry or decided by the organizing business. This organizing committee has the responsibility to run the activities of the fair or exhibition. With regard to major and important fairs and exhibitions, they shall be decided by the Ministry of Trade.

Chapter III

RIGHTS AND OBLIGATIONS OF THE PRODUCERS AND BUSINESSMEN

TAKING PART IN TRADE FAIRS AND EXHIBITIONS

A. With regard to the trade fairs and exhibitions organized in Vietnam:

Article 11.- The producers and businessmen of all economic sectors participating in a trade fair and exhibition are entitled to bring their goods and documents on these goods according to the approved inventories to the fair or exhibition at the time specified by the fair and exhibition organizing committee.

Article 12.- With regard to foreign organizations and individuals:

1. The foreign organizations and individuals taking part in or organizing a trade fair or exhibition in Vietnam are allowed to bring in their products and documents on these products according to the approved inventories to take part in the fair or exhibition. They must fill the customs procedures and pay customs fees as prescribed by Vietnamese law.

2. The goods and documents on these goods which have been approved when imported into Vietnam to take part in the trade fair or exhibition shall be exempt from tax according to prescriptions of Vietnamese Law.

3. If the foreign participant or organizer want to sell their goods in Vietnam during the unfolding or at the end of the fair or exhibition, they have to ask for permission of the Ministry of Trade right at the moment when they apply to join the fair or exhibition and to pay tax as prescribed by Vietnamese law.

With regard to the goods used as gifts, advertisement, of sold as souvenirs at the fair or exhibition, they must comply with the guidance of the Vietnamese Ministry of Finance and Ministry of Trade.

B. With regard to the trade fairs or exhibitions organized abroad of which Vietnam is the organizer or a participant

Article 13.- The businesses taking part in or organizing trade fairs or exhibitions abroad are entitled to export their products and goods and send documents on these goods abroad to take part in the fair or exhibitions.

Article 14.- When filling the procedures to export their goods and documents on these goods to take part in a fair or exhibition abroad, the businesses have to pay export tax as prescribed by law. With regard to those goods which are exported and shall be re-imported into Vietnam after the conclusion of the fair or exhibition, they are exempt from tax as prescribed by law. The goods used as gifts, advertisement, introduction or sold as souvenirs at the fair or exhibition, they have to comply with the guidance of the Ministry of Finance and the Ministry of Trade.

Article 15.- In case the goods are sold at the fair or exhibition, the participating businesses shall pay tax as prescribed by law and in conformity with the law of the country where the fair or exhibition is organized.

The prices of the good sold at the fair or exhibition must not be lower than the prices of export goods of the same category.

Chapter IV

HANDLING OF VIOLATIONS

Article 16.- Penalties:

Violations of the regulations in this Statute by any organization or individual participating in a trade fair or exhibition shall, depending on their seriousness, be subjected to the following penalties:

- Served warning and fined under the Ordinance on penalties regarding administrative offenses.

- Confiscation of products and goods and documents on these goods taking part in the trade fair or exhibition as prescribed by law. This violation shall be publicized in the mass media.

- An individual violation with elements constituting a criminal offense shall be investigated for penal liability.

Chapter V

IMPLEMENTATION PROVISIONS

Article 17.- This Statute takes effect on the date of its signing.

Article 18.- All previous stipulations regulating the activities of trade fairs and exhibitions which are contrary to this Statute are now annulled.

For the Prime Minister

Deputy Prime Minister

PHAN VAN KHAI